HCS/SS/SCS/SB 572 - This act modifies various provisions regarding municipalities and counties.
MINIMUM STANDARDS FOR MUNICIPALITIES IN ST. LOUIS COUNTY - 67.287
Currently, every municipality located within St. Louis County must provide certain municipal and financial services and reports. This act modifies the list of services that municipalities must offer. The annual audit by a certified public accountant of the municipality's finances that includes a report on internal controls no longer has to be prepared by a qualified financial consultant. Furthermore, a municipality only has to have an accredited police department by 2021 if the municipality has a police department or contracts with another police department for public safety services. Currently, each municipality also must have a construction code reviewed by 2018. However under the act, a municipality is not required to adopt an updated construction code.
NUISANCE ABATEMENT ORDINANCES - 67.398
Currently, certain cities and counties may enact an ordinance to provide for abatement of nuisances by the building commissioner or designated officer if the owner of the property fails to remove or abate the nuisance after receiving a notice that the nuisance has been ordered removed or abated. This act removes the provisions allowing the building commissioner or designated officer to remove the nuisance which is then to be paid for by the owner of the property through a special tax or added to the annual real estate tax bill. This act provides that the ordinance enacted by the city or county must provide for a written notice of the nuisance to be served upon the property owner. A nonoccupant property owner cannot be charged with causing or permitting a nuisance when specific notice was not given, unless the owner had knowledge of the nuisance, and such owner cannot be prosecuted for a nuisance abated within ten days of the written notice.
LIABILITY FOR DEBTS OF A MUNICIPALITY - 71.980
This act also specifies that the state is not liable for the debts of a municipality that is financially insolvent.
DISINCORPORATION PROCEDURES - 77.700, 77.703, 77.706, 77.709, 77.712, 77.715, 79.490, 80.570, 82.133, 82.136, 82.139, 82.142, 82.145, 82.148
The act establishes disincorporation procedures for third class cities, charter cities, and home rule cities. Upon receiving a petition signed by 25% percent of the voters of the city, the county governing body shall order an election upon the question of disincorporation of the city. The county governing body shall disincorporate the city upon an affirmative vote of 50% plus one voter. Whenever the county governing body dissolves a city then the county governing body shall appoint a person to act as trustee for the corporation who shall take an oath and give bond with sufficient security. The trustee shall have certain powers as designated in the act, such as the power to prosecute and defend the corporation in a law suit, collect money due, and sell property.
The act decreased the number of signatures required on a petition to disincorporate a fourth class city or a town or village from 50% to 25% of voters, and further decreases the voter approval percentage for disincorporation from 60% to 50% plus one voter.
These provisions are similar to HB 1668 (2016), HCS/HB 1632 (2016), and HB 741 (2015).
MUNICIPAL COURTS - 479.020, 479.350, 479.353, 479.359,479.360, 479.368, Section 1
The act prohibits a municipal judge from serving as a municipal judge in more than three municipalities at one time.
The act changes the definition court costs to include any certified cost included in a special tax bill or added to the annual real estate tax bill of a property owner under a section of law allowing for nuisance abatement by the commissioner of a building. The definition of minor traffic violation is modified to include traffic ordinance violations for which no points are assessed to a driver's driving record and amended charges for any minor traffic violation and adds a definition for municipal ordinance violations, persistent ordinance offender, and prior ordinance offender.
The court shall not assess a fine in excess of $300 for minor traffic violations or totaling in excess of $500 for all other municipal ordinance violations, unless the court finds the defendant is a prior ordinance offender. The court may order confinement, not to exceed 5 days, when the defendant is found to be a persistent ordinance offender. The court may also sentence a prior ordinance offender to a fine not exceeding $500. No court costs shall be charged to defendants found to be indigent. Municipal courts are also required to not charge defendants for costs associated with community service alternatives
Municipal ordinance violations and amended charges for municipal ordinance violations are added to the calculation limiting the percentage of annual general operating revenue that can come from fines and court costs for minor violations and to provisions regarding fines, imprisonment, and court costs in municipal court cases. Municipal ordinance violations are also added to municipal disincorporation provisions if a municipality fails to remit excess annual general operating revenue to the Department of Revenue for the county school fund and the disincorporation threshold has been lowered from sixty percent to a majority of participating voters.
A court automation system used by a municipal court shall not disclose the home address of a county, state, federal parole officer, federal pretrial officer, peace officer, judge, elected official or such person's immediate family party to a case if the person notifies the court of his or her status.
HA 1 - MODIFIES PROVISIONS ALLOWING A CITY OR COUNTY TO ENACT AN ORDINANCE TO PROVIDE FOR THE ABATEMENT OF A NUISANCE
HA 1 TO HA 1 - ADDS TO THE LIST OF COUNTIES AUTHORIZED TO ENACT NUISANCE ABATEMENT ORDINANCES
HA 2 - MODIFIES THE DEFINITION OF COMMERCIAL ZONE FOR THE PURPOSES OF HEIGHT AND WEIGHT RESTRICTIONS ON MOTOR VEHICLES
HA 3 - AUTHORIZES GREENE COUNTY OR ANY CITY WITHIN GREENE COUNTY TO IMPOSE A SALES TAX NOT TO EXCEED .25% ON ALL RETAIL SALES FOR THE PURPOSE OF FUNDING EARLY CHILDHOOD EDUCATION
HA 5 - PROVIDES THAT A PERSON SUBJECT TO TAXATION BY TWO FIRE PROTECTION DISTRICTS OR ONE FIRE PROTECTION DISTRICT AND ONE FIRE DEPARTMENT MAY PETITION THE COURT FOR DECLARATORY JUDGEMENT ON WHICH FIRE PROTECTION DISTRICT OR FIRE DEPARTMENT HAS JURISDICTION TO LEVY TAXES ON THE PROPERTY; THIS AMENDMENT CONTAINS AN EMERGENCY CLAUSE
HA 1 TO HA 5 - ADDS A PROVISION CHANGING THE TIME FRAME FOR FILING A PETITION FOR THE CREATION OF MUSEUM AND CULTURAL DISTRICT
HA 6 - ALLOWS CERTAIN JUDICIAL CIRCUITS TO APPOINT AN ADDITIONAL CIRCUIT COURT MARSHAL